HomeMy WebLinkAbout20070550.tiff HEARING CERTIFICATION
DOCKET NO. 2007-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1556
FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1556 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIALZONE DISTRICTS
(MECHANIC SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT - LELAND AND
JULEE RIDNOUR
A public hearing was conducted on March 21, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jenny VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 2,2007,and duly published March 7,2007, in
the Fort Lupton Press,a public hearing was conducted to consider the request of Leland and Julee
Ridnour for a Site Specific Development Plan and Use by Special Review Permit#1556 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts(mechanic shop)in the A(Agricultural)Zone District. Bruce Barker,County
Attorney,made this a matter of record. Chair Long advised Leland Ridnour,applicant,that he has
the option of continuing the matter to a date when the full Board will be present. However, if he
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Masden will listen to the record and make the determining vote. Mr. Ridnour stated
he would like to proceed today.
Kim Ogle, Department of Planning Services,presented a brief summary of the proposal and entered
the favorable recommendation of the Planning Commission into the record as written. He stated
the site is located north of Weld County Road 24.75 and east of Weld County Road 9.75, and lies
within the three-mile referral area for the City of Longmont and the Towns of Frederick, Firestone,
and Mead. He stated the City of Longmont and the Town of Mead indicated no conflicts with their
interests,and the Towns of Frederick and Firestone did not return the referral response. He further
stated the surrounding land uses are predominantly agricultural, with several residential homes
located on the properties. Mr.Ogle stated the Town of Firestone has annexed property immediately
south of the property, and Hall-Irwin Corporation operates a concrete batch plant and landscape
sales yard. He stated there are approximately ten surrounding property owners within 500 feet of
the property, and access is provided from Weld County Road 24.75, which is a local gravel road.
2007-0550
P�� , 1L/ `GU t1
HEARING CERTIFICATION - LELAND AND JULEE RIDNOUR (USR #1556)
PAGE 2
He further stated the property is currently in violation of the Weld County Code for operating a
commercial junkyard and auto repair activity without the necessary permits; however, if the
application is approved,and the applicant complies with all Conditions of Approval,the violation will
be closed.
Char Davis,Department of Public Health and Environment,stated the applicant is required to submit
a Dust Abatement Plan and a Waste Handling Plan.
Don Carroll, Department of Public Works, stated the property is located east of the Southwest Weld
County Administration Building,and Weld County Roads 9.75 and 24.75 have been annexed by the
Town of Firestone. He stated there are two existing accesses, and there are no dust concerns on
the roads. He further stated the commercial traffic associated with the Hall-Irwin concrete plant is
not allowed to utilize Weld County Road 24.75. In response to Commissioner Jerke, Mr.Ogle stated
a majority of Mr. Ridnour's property lies within the Saint Vrain floodplain.
Mr. Ridnour submitted three letters of support, marked Exhibits F,G, and H. He stated when he first
moved to his property, he began helping his neighbors and friends by doing small mechanic projects
for them,then word of mouth spread,and he has been inundated with projects to complete. He gave
a brief history of his wife's medical problems and stated he needs to be able to continue in this line
of work to make some extra money to pay medical bills. Mr. Ridnour stated he understands he may
have been inconsiderate to the neighbors in the past by working with noisy tools late into the night,
and there have been several occasions where he has had to work all night long to finish a project.
He stated he has relocated the shop to help with the noise and aesthetic concerns of the neighbors,
and the shop is now out of sight from the road. He further stated he recently received a large
contract to provide maintenance for various machines owned by a large landscaping company,and
he has placed a privacy fence along the west side of the property to provide screening. He stated
he is willing to work around the concerns of his neighbors, and he does work on his neighbor's
equipment as well as the landscaping equipment. Mr. Ridnour stated his primary employment is
at a sod farm, and throughout the year he does mechanic work as a side job, which means he
needs to be able to work from his home. He stated he has concerns with the hours of operation,
and his shop is not big enough to work on some large items of equipment; therefore, he has to do
some of the work outside. He reiterated that he would like to be a courteous neighbor, and would
agree to keep the noise level down late at night by working only with hand tools.
JeromeAites,surrounding property owner,stated Mr. Ridnour's property is not well maintained,and
over 60 junk vehicles are located on the property. He stated he feels like Mr. Ridnour should sell his
property and downsize if he cannot afford to pay his bills with income from a side job. He further
stated he believes the look of Mr. Ridnour's property is destroying the neighborhood.
Marilyn Rupple, surrounding property owner to the west, stated there have been numerous
occasions when she has been out working on her property, and she has not been able to hear any
noise coming from the Ridnour property. She stated after Mr. Ridnour placed a fence along the
property, the shop and other items located on the property could no longer be seen. She further
stated she acknowledges that Mr. Ridnour does have a large amount of machinery sifting on his
property;however,most of the properties within the area have agricultural machinery as well. Ms.
Rupple
2007-0550
PL1877
HEARING CERTIFICATION - LELAND AND JULEE RIDNOUR (USR#1556)
PAGE 3
stated Mr. Ridnour is a hard worker, and she is convinced that he will work hard to address any of
the concerns the surrounding property owners may have.
Catherine Aites,surrounding property owner,stated Mr. Ridnour is in violation of the Weld County
Code due to the junked cars set on the property. She stated Mr. Ridnour has placed many junk cars
down in an area by the Saint Vrain River,and she would like Mr. Ridnour to clean up all the junk set
around his property. She further stated Mr. Ridnour did relocate the shop,and he extended the size
of the shop by draping tarps around the shop;however, he removed the tarps before pictures were
taken of the property. Ms.Aites stated a mechanic shop should be organized and clean, and the
hours of operation should be acceptable. She stated the gravel pit nearby shuts down at night,
therefore, the noise problem is not associated with the gravel pit. She further stated she has
sympathy regarding his wife's illness; however,Mr. Ridnour should be required to remove the junk
cars from his property and should be required to make the mechanic shop look like it operates as
a valid mechanic shop. She stated other neighbors within the area that run a business from home
do it in a proper fashion, and she is opposed to this use on the property.
Jan England, surrounding property owner to the west, stated many customers have hauled in
vehicles for Mr. Ridnour to work on, Mr. Ridnour has completed the work, and many of the
customers have picked up their vehicles. She stated the property was very rough looking, and
Mr. Ridnour acknowledged that fact, and began working to clean it up. She further stated the
applicant acknowledges that several areas of the property still need more work, and in the
meantime, he has screened the property with fencing. She stated many of the vehicles located on
the property are in working condition; however, many customers have deserted their vehicles,and
Mr. Ridnour cannot have the vehicles hauled off the property without obtaining the proper title work.
Ms. England stated the applicant has been a good neighbor and a hard worker,and he often works
all night long several times a week in order to keep up with the demand of his services. She further
stated the tarps along the east side of the property are not distracting; however,the applicant cannot
make modifications to his property until he receives the proper permits.
Jim Peters, surrounding property owner, stated properties zoned agricultural always tend to
accumulate machinery and other items. He stated he realizes that most of the items on the
applicant's property,referred to as junk,are actually vehicles that are awaiting payment from various
owners. He further stated he believes the applicant is trying his hardest to address the situation and
come into compliance by cleaning up the property. He stated the fencing blocks the view of the
various vehicles, and he is only able to see agricultural equipment over the fence.
Linda Jamison, surrounding property owner, stated she has lived in the area for more than ten
years,and the applicant has been a huge help to all of the neighbors within the area. She stated on
several occasions the applicant has been willing to help fix agricultural equipment when operations
have run late into the night, and she believes it would be almost impossible for her to operate her
farm without occasional help from the applicant. She further stated he has worked hard to begin
the process of cleaning up his property, and she is in support of the application.
Mr. Ridnour stated all of the vehicles have been screened by fencing, five of the vehicles are
considered junk vehicles,and he is in the process of obtaining title work in order to have the vehicles
hauled off the property. He stated most of the vehicles do work, and could be driven off of the
2007-0550
PL1877
HEARING CERTIFICATION - LELAND AND JULEE RIDNOUR (USR #1556)
PAGE 4
property; however, they are still in need of repairs. He further stated it is a very expensive and
complicated process to obtain lost titles for the cars, and he cannot have a company haul the
vehicles off the property without a title.
In response to Chair Long, Mr.Ogle stated the language for Development Standard#25, regarding
hours of operation, was drafted by the Planning Commission due to testimony provided by
surrounding property owners. In response to Commissioner Jerke, Mr. Ridnour stated the
neighbors believe that ceasing operations at 11:00 p.m. is too late; however, he can work quietly
with hand tools that late at night. He further stated he tries to complete all the necessary work with
noisy electrical tools before 9:00 p.m. every evening. Responding to Commissioner Garcia, Mr.
Ridnour stated he needs to be able to work past sunset hours due to his work schedule at the sod
farm in the summer months. Following discussion between the Board and the applicant regarding
operation hours, Chair Long suggested the applicant be required to cease outside work-for-hire
operations at 9:00 p.m.every evening; however,he would be allowed to continue completing work
for agricultural purposes outside of that time frame. He stated Development Standard#25 should
be modified to state "The outside hours of work-for-hire operations shall be sunrise to 9:00 p.m.,
daily,"and the Board concurred. Responding to Chair Long,Mr. Leland stated he has reviewed,and
concurs with,the Conditions of Approval and Development Standards,as proposed and modified.
In response to Commissioner Rademacher, Mr. Ogle stated pursuant to the Weld County Code,
vehicles located within a floodplain must be operational and the applicant is required to bring his
property into compliance with the definition of a non-commercial junkyard.
CommissionerJerke moved to approve the request of Leland and Julee Ridnour for a Site Specific
Development Plan and Use by Special Review Permit#1556 for a Use Permitted as a Use by Right,
Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts(mechanic
shop)in the A(Agricultural)Zone District, based on the recommendations of the Planning staff and
the Planning Commission, and the finding that the application is in compliance with
Sections 23-2-230.B.1 through B.7,of the Weld County Code,with the Conditions of Approval and
Development Standards as entered into the record. His motion included the modification of
Development Standard#25 to state,"The outside hours ofwork-for-hire operations shall be sunrise
to 9:00 p.m., daily." The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 12:00 p.m.
2007-0550
PL1877
HEARING CERTIFICATION - LELAND AND JULEE RIDNOUR (USR #1556)
PAGE 5
This Certification was approved on the 26th day of March 2007.
APPROVED:
BOARD Q COUNTY COMMISSIONERS
WELD CITY, OLORA O
ATTEST: 1)4 `� 1 (J Ci
' >, David E. Long, Chair
Weld County Clerk to t
r'` � � William H. k , Pr
BY: $d (2,Deputy C erk to the
William F. Garcia
TAPE #2007-07 EXCUSED
Robert D. Masden
DOCKET#2007-16 ��\
Douglas Rademacher
2007-0550
PL1877
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1556 - LELAND AND JULEE RIDNOUR
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 06/20/06)
D. Clerk to the Board Notice of Hearing
E. Kerr-McGee Letter re: Drilling window, dated 02/08/07
F. Tom and Jeri Stinar Letter of Support, dated 03/20/07
G. Linda Jamison Letter of Support, dated 03/19/07
H. Jan England and Marilyn Rupple Letter of Support, dated 03/19/07
County Attorney Memo re: Modified language for
Development Standard #25
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
r
J
c \N-
tm
a n
y Q S h >4. to
Q v
ril
0 - �r
�\ z` Z , o, co
r F '� ' o a
uN i (b .t tit N o
w CAV V u
w 2
u v d v 57 !, • � �a� Lm KI . c ,
Q R 2 v `N N ry a
O 2 a03 ir)
q y
Z LL J N a) '2 `�' 'C (.___.4 . �"Z'Y�
w O a) \, J T RIN
v ��l
F- Q Z O E 2 = Li) a a V ¢4 p
Q H CU K Z � °` I 441. I\ L. cv �
rn w m QEre El "L f(1 n1
rn CO w - E
F re -, c
z X 0 15
W Z T
N CO Q
Q Ill
V�
Z
ku, t Al
a in 3 CC z 3 C' c: to
g• g• >. . k \ ,4 r C fit;. . ,, I- kC,) Z
4 N N ,f \L t^ �I ` 4 , h d
co it i! 0) I�I ≥i �rt
N
Z
2 YY H w o z- z C �'� `-- - Z =
Q V V W g _ 1h , S `\'�vcO
Hello